how filled. SEC. 139. When any vacancy shall happen in Vacancy the office of mayor by death, resignation, absence from the city, removal from office, refusal to qualify, or otherwise, the president of the council, for the time being, shall exercise the office of mayor, with all the rights, privileges, powers, and jurisdiction of the regular mayor, until such vacancy be filled, or such disability be removed; or in case of temporary absence, until the mayor shall return, and during that time he shall receive the same compensation that the mayor would be entitled to, the same to be deducted from the salary of the mayor. SEC. 140. The mayor and council shall cause to Annual fiscal be published annually, on the first day of January, a statement of the receipts and expenditures of the city and the financial condition of the same. for report. signed mayor. and Notice of acci dent or injury, when to be fled and pro ceedings SEC. 141. All orders and drafts on the treasury order shall be money shall be signed by the mayor and shall me by be attested by the city clerk, who shall also affix the seal of the city, and keep an accurate record thereof in a book provided for that purpose. SEC. 142. No city of the metropolitan class shall be liable for damages arising from defective streets, alleys, sidewalks, public parks, or other thereon. public places within such city, unless actual notice in writing of the accident or injury complained of, with a statement of the nature and extent thereof, and of the time when and place where the same occurred, shall be proved to have been given to the mayor, within twenty days after the occurrence of such accident or injury; and it is hereby made the duty of the mayor to keep a record of such notice, Appointive officers, when and how filled. Same, length of term. showing time when and by whom such notice was given, and describing the defect complained of, and at once file the same with the city clerk, who shall report the same to the city council at its next meeting. SEC. 143. Upon the second Tuesday after the election in 1887, and on the second Tuesday in January after each general city election, the mayor, subject to confirmation by the city council, shall appoint the following officers, to-wit: a city engineer, a city attorney, an assistant city attorney, a chairman of the board of public works, a street commissioner, a superintendent of buildings, a boiler inspector, and such other appointive officers as may be authorized herein, or specially provided for by ordinance. It shall require a majority of all the members of the council to confirm each of said appointments. Upon the failure or refusal of the council to confirm any of said appointments, it shall be the duty of the mayor, on the first Tuesday of each month thereafter, to make other appointments for such offices as the appointees thereto be not confirmed, and to so continue until approved by the council. SEC. 144. All officer's appointed by the mayor and confirmed by the council shall hold the office to which they may be appointed until the end of the mayor's term of office, and until their successors are appointed and qualified, unless sooner removed, or the ordinance creating the office shall be repealed. and police. appoint. move and SEC. 145. In each city of the metropolitan Board of fire class there shall be a board of fire and police, to consist of the mayor (who shall be ex-officio chairman of said board) and four electors of said city to be appointed by the governor. The governor Governor shall shall appoint as the commissioners above, four citizens, not more than two of whom shall be of the political party, two of them of different political party faith and allegiance shall be designated in their appointment to serve for two years, and the other two also of different political party faith shall be designated to serve for four years. And thereafter, at the expiration of said term, and each period of two years, the governor shall appoint two members of said board. For official misconduct Same, may rethe governor may remove any of said commissioners; and all vacancies in said board by death, resignation, or removal, shall be filled by the governor for the unexpired term, and all vacancies from whatever cause shall be so filled that not more than two of the members of said board shall be of the same political party, or so reputed. All powers and duties connected with and incident to the appointment, removal; government, and discipline of the officers and members of the fire and police departments of the city, under such rules and regulations as may be prescribed by ordinance, shall be vested in and exercised by said board. A majority Quorum. of said board shall constitute a quorum for the transaction of business, and in the absence of the commissioner of fire and police, the mayor shall act as chairman. Before entering upon their duties Oath. Powers and duties of board. each of said officers shall take and subscribe an oath, to be filed with the city clerk, faithfully, impartially, honestly, and to the best of his ability to discharge his duties as a member of said board, and that in making appointments, or considering promotions or removals, he will not be guided or actuated by political motives or influences, but will consider only the interests of the city, and the success and effectiveness of said departments. The board of fire and police shall have power, and it shall be the duty of said board to appoint a chief of the fire department, an assistant chief of the fire department, and such other officers of the fire department as may be deemed necessary for its proper direction, management, and regulation, and under such rules and regulations as may be prescribed by ordinance; said board may remove such officers, or any of them, whenever said board shall consider and declare such removal necessary for the proper management or discipline, or for the more effective working or service of said department. The board of fire and police shall also employ such firemen and assistants, or may authorize the chief of the fire department so to do, as may be proper and necessary for the effective service of said department to the extent and limit that the funds provided by the mayor and council for that purpose will allow. The board of fire and police shall have power, and it shall be the duty of said board, to appoint a chief of police, and such other officers and policemen, to the extent that funds may be provided by the mayor and council to pay their salaries, as may be necessary for the proper protection and efficient police of the city, and as may be necessary to protect citizens and property and maintain peace and good order. The chief of police and all other police officers and policemen shall be subject to removal by the board of fire and police, under such rules and regulations as may be prescribed by ordinance, whenever said board shall consider and declare such removal necessary for the proper management or discipline, or for the more effective working or service of the police department. It shall be the duty of said. board of fire and police to adopt such rules and regulations for the guidance of the officers and men of said departments, and for the appointment, promotion, removal, trial, or discipline of said officers and men, as said board shall consider proper and necessary, and when said rules and regulations shall be approved by the mayor and council, they shall have the same force and effect as ordinances, and can only be changed by and with the consent of the mayor and council. The said board of fire and police shall have such further powers and perform such other duties as may be authorized or defined by ordinance. shall supervise the police SEC. 146. The chief of police shall have super-Chief of police vision and control of the police force of the city, force. and in that connection he shall be subject only to the orders of the board of fire and police, and all orders of the board relating to the direction of the police force shall be given through the chief of police, or, in his absence, the officer in charge of the police force. |